As Karime Bennoume stated in the Report of the Special Rapporteur to the UN Human Rights Council in the Field of Cultural Rights, A/HRC/31/59 (3 February 2016) para 49, at 12:
‘Cultural Heritage includes not only tangible heritage composed of sites, structures and remains of archaeological, historical, religious, cultural or aesthetic value, but also intangible heritage made up of traditions, customs and practices, aesthetic and spiritual beliefs, vernacular or other languages, artistic expressions and folklore. Both of these categories should be understood in broad and holistic terms.’
Arguably, Music is also a form of Cultural Heritage, particularly of Intangible Cultural Heritage, because it is a powerful expression of a community’s identity, history, and traditions, and is often passed down through generations.
UNESCO acknowledges music’s significance by including various musical traditions and practices in its lists of intangible cultural heritage. See my comment below.
While ‘old musical instruments’ is mentioned in para (K) of Art 1 of the 1970 UNESCO Convention, it does not mention musical scores and manuscripts i.e. handwritten or printed representations of musical compositions. Annex 1para (j) of the UNIDROIT Convention 1995 includes within the definition of ‘Cultural objects’ – ‘archives, including sound, photographic and cinematographic archives.’ However, it does not specifically list ‘musical scores and manuscripts.’ So, the legal status of handwritten or printed representations of musical compositions as ‘Cultural Property’/’Cultural objects’ is ambiguous.
Now, take for example the song ‘Bess You Is My Woman Now’, from the Opera ‘Porgy & Bess’ – by the American composer George Gershwin, with a libretto written by author DuBose Heyward and lyricist Ira Gershwin.
The song, with its distinctive melody, harmony, and instrumentation, exemplifies Gershwin’s fusion of opera and musical theatre and has become a globally recognized standard.
The lyrics to this song include some of the most romantic words ever written for the Broadway Stage – ‘Morning Time and Evening Time and Summer Time, and Winter Time …’
You can hear it here – https://lnkd.in/e-yZww7W
The opera explores themes of love, resilience, and the complexities of life in a segregated community. It is a landmark in American music, often called the first great American opera.
The opera’s exploration of love, loss, and social issues like poverty and racial injustice resonate today.
The song ‘Bess, You Is My Woman Now’ is a beautiful example of the opera’s musical genius, showcasing the emotional depth and complexity of the characters.
So, I would argue that this Opera forms part of American Cultural History and therefore, of its Cultural Heritage.
In the late 1960s MGM’s Business Executives, decided to bury the full scores and orchestral parts of their musical films, including iconic works like Singin’ in the Rain and The Wizard of Oz under a golf course, in order to create space for a new car park.
In doing so, did they destroy a part of America’s Cultural Heritage?
To me, what these businessmen did, was an act of Cultural Vandalism.
Fortunately for America’s Musical Cultural Heritage all was not lost and there was a Happy Ending! – John Wilson patiently reconstructed the lost MGM musical scores by meticulously transcribing the original orchestrations from soundtrack recordings, primarily using piano reductions (short scores) and his expert ear. Despite the destruction of the full orchestral scores, these piano reductions were archived in the Library of Congress. Wilson’s process involved years of dedicated work, including painstaking transcription and extensive rehearsals with his orchestra, to bring these classic scores back to life. John Wilson’s work has been widely praised for its accuracy and the way it captures the unique sound of MGM musicals. The MGM Concert was John Wilson’s Proms Debut. If you cannot find the recording of the full Prom on YouTube it is available on DVD – ‘A Celebration of Classic MGM Film Musicals [DVD] [2010]’: https://www.amazon.co.uk/Celebration-Classic-MGM-Film-Musicals/dp/B003QHVKRQ You can also watch ‘Bess, You Is My Woman Now’ performed at the John Wilson ‘On Broadway’ BBC Prom in 2012 on You Tube [Fast forward to: 1 Hour & 24 Minutes]: https://www.youtube.com/watch?v=vGqdHXLr04I
I also recommend – ‘BBC PROMS 2010 – A Celebration of Rodgers and Hammerstein’: https://www.youtube.com/watch?v=gGIoy6cL08E
I also just asked Google AI – ‘Has the World Intellectual Property Organization acknowledged that indigenous traditional knowledge and traditional cultural expressions which are economic and cultural assets of indigenous and local communities, and their countries includes music?’
AI answered – ‘Yes, the World Intellectual Property Organization (WIPO) has acknowledged that indigenous traditional knowledge (TK) and traditional cultural expressions (TCEs) include music.
WIPO defines TCEs as tangible and intangible forms in which traditional knowledge and cultures are expressed, communicated, or manifested. They specify that these expressions include traditional music, performances, narratives, names and symbols, designs, and architectural forms. WIPO further clarifies that TCEs, which can also be referred to as “expressions of folklore”, form part of the identity and heritage of a traditional or indigenous community and are passed down from generation to generation.
This recognition is crucial because TCEs are considered integral to the cultural and social identities of indigenous and local communities. They embody know-how and skills, and transmit core values and beliefs within these communities. Protecting TCEs, including music, is seen as essential for promoting creativity, enhancing cultural diversity, and preserving cultural heritage.’ Why is this important.
My answer is – because this engages Intellectual Property Rights in Indigenous Music however recorded. That is a subject which I suspect has been almost entirely overlooked by Cultural Heritage Lawyers.